Kerala High Court
Malik Ibnu Easa vs The Union Of India on 15 December, 2023
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 15TH DAY OF DECEMBER 2023 / 24TH AGRAHAYANA, 1945
WP(C) NO. 38508 OF 2023
PETITIONER:
MALIK IBNU EASA, AGED 27 YEARS,
PATTAMMAKUDIYIL, MUVATTUPUZHA,
KOCHI, PIN - 686673.
BY ADVS.A.BALAGOPALAN
A.RAJAGOPALAN
M.N.MANMADAN
M.S.IMTHIYAZ AHAMMED
P.SEENA
P.I.MUHAMMED SOORAJ
RESPONDENTS:
1 THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY,
MINISTRY OF HOME AFFAIRS, NEW DELHI, PIN - 110001.
2 THE RESERVE BANK OF INDIA,
REPRESENTED BY ITS GOVERNOR.
HEAD OFFICE, MURABAI, MAHARASHTRA, PIN - 400029.
3 THE STATE POLICE CHIEF, POLICE HEAD QUARTERS,
VAZHUTHACAUD. THIRUVANANTHAPURAM, PIN - 695014.
4 THE STATION HOUSE OFFICER, JAMNAGAR POLICE STATION
JAMNAGAR ROAD NEAR POLICE HEAD QUARTERS RAJKOT CITY,
GUJARAT, PIN - 360001.
5 THE STATION HOUSE OFFICER, CYBER CRIME POLICE STATION
POLICE LANE, JAMNAGAR, GUJARAT 3, PIN - 361008.
6 HDFC BANK, MUVATTUPUZHA BRANCH,
REPRESENTED BY ITS BRANCH MANAGER, SAJ BUILDING,
OPP MUVATTUPUZHA MEDICAL CENTER VELLOORKUNNAM,
MUVATTUPUZHA, PIN - 686673.
BY ADV.SRI.S.MANU, DSGI,
SRI.SUNIL KUMAR KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 38508 OF 2023
-2-
JUDGMENT
The facts involved in this case are covered
by the judgment of this Court in
W.P.(C).No.12960/2023 and connected matters.
Since the learned counsel for the parties are
ad idem on this, I allow this writ petition in
terms of the said judgment.
Consequently, I order this Writ Petition
with the following directions:
(a) The respondent Bank arrayed in this
case, is directed to confine the order of freeze
against the accounts of the petitioner, only to
the extent of the amounts mentioned in the
order/requisition issued to them by the Police
Authorities. This shall be done forthwith, so as
to enable the petitioner to deal with his
account, and transact therein, beyond that
limit.
WP(C) NO. 38508 OF 2023
(b) The respondent - Police Authorities
concerned are hereby directed to inform the Bank
as to whether freezing of accounts of the
petitioner in this Writ Petition will require to
be continued even in the afore manner; and if
so, for what further time, within a period of
eight months from the date of receipt of a copy
of this judgment.
(c) On the Bank receiving the afore
information/intimation from the Police
Authorities, they will adhere to the same and
complete necessary action - either continuing
the freeze for such period as mentioned therein;
or withdrawing it, as the case may be.
(d) If, however, no information or
intimation is received by the Bank in terms of
directions (b) above, the petitioner will be at
full liberty to approach this Court again; for
which purpose, all his contentions in this Writ
WP(C) NO. 38508 OF 2023
Petition are left open and reserved to him, to
impel in future.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
akv
WP(C) NO. 38508 OF 2023
APPENDIX OF WP(C) 38508/2023
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE EMAIL DATED
25.10.2023 SENT BY THE PETITIONER TO
THE MANAGER OF THE 6TH RESPONDENT BANK
EXHIBIT P2 THE TRUE COPY OF THE REMINDER EMAIL
SENT ON 30.10.2023
EXHIBIT P3 THE TRUE COPY OF THE EMAIL DATED
04.11.2023 SENT BY THE 6TH RESPONDENT
BANK TO THE PETITIONER
